Wilkinson v. Carpenter

*313HOWELL, J.

Plaintiffs filed this suit seeking specific performance of a contract to sell to defendants a restaurant and lounge in northeast Portland known as "Dad’s.” Defendants filed a counterclaim seeking rescission on the grounds of fraudulent misrepresentation. The trial court entered a decree allowing specific performance, and defendants appeal.

In October, 1973, plaintiffs and defendants entered into a contract wherein plaintiffs agreed to sell "Dad’s” to defendants for a total purchase price of $425,000, payable in installments. As part of the contract defendants also executed a note for…